20). The parties also stated that they both hoped to develop a productive long-term business relationship. Blu now sells its homes across all of California. The Blu-ray home theater system defect settlement will resolve a class action lawsuit (Bret Koertge, et al. The Kaufmann Defendants move to strike paragraph 17 and any other portions of the McCarthy Declaration that they claim constitute impermissible parol evidence because it varies or contradicts the terms of the Consulting Agreement. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, "I call them cell phone contractors . Compl. Compl. 1404(a) to transfer from a proper venue, courts consider "(1) the convenience of the parties, (2) the convenience of the witnesses, (3) the relative ease of access to sources of proof, (4) the availability of process to compel attendance of unwilling witnesses, (5) cost of obtaining willing witnesses, and (6) any practical problems associated with trying the case most expeditiously and inexpensively." Compl. 7/20/11 at 20). For all these reasons, the Court opts not to transfer the case.11. The Kaufmann Defendants have also not shown that Blu Homes and Uecker intended to benefit them as third-party beneficiaries at the time they entered into the APA. 2001); Holmes Group, Inc. v. Hamilton Beach/Proctor Silex, Inc., 249 F.Supp.2d 12, 18 (D. Mass. at 8-9). Memo at 9). Police say a Kirkland-based home builder and re-modeler used his community connections to allegedly dupe more than 35 families out of millions of dollars, and counting. The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" On 07/08/2020 Cheryl Buck filed a Contract - Other Contract lawsuit against BLU HOMES, INC. While the location of records and documents relevant to the litigation is a factor that the court should consider, it is not a particularly important factor because of the ease with which that information can be transported to another jurisdiction. of Law, 142 F.3d at 34. For the foregoing reasons, the Kaufmann Defendants' motion to dismiss or transfer is DENIED and the Kaufmann Defendants' motion to strike is DENIED. Memo. Memo at 23, Def. Memo 23-24; Kaufmann Aff. 12). Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Thank you! 2002) (quoting Sawtelle, 70 F.3d at 1387) (further citation omitted). New to ClassAction.org? "Furthermore, we are not required to determine the best venue, merely a proper venue." Example: Yes, I would like to receive emails from ec96a53b6b.nxcli.net. 1331, 1332 and 1367(a). Thus, the fact that Blu Homes and Uecker selected California as their forum of choice in the APA has no bearing on the present dispute between the Kaufmann Defendants and Blu Homes. (Pl. Accordingly, venue is proper in this district. must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum"). (Am. 2009). 7/20/11 at 11). DocketDescription: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck, Contra Costa County Superior Courts | Contract | It will "then add to the mix facts put forward by the defendants, to the extent that they are uncontradicted." 1121 and 28 U.S.C. Click on the link below to discover how a Dvele makes for a healthier choice. envie um e-mail para The Vallejo based company employs quality. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. Memo at 20); rather, the Kaufmann Defendants knowingly availed themselves of the benefits of doing business in Massachusetts. DocketDescription: Summons: Issued/Filed; Filed By: Cheryl Buck. Citations are also linked in the body of the Featured Case. Today's top 343 Engineer jobs in Grenoble, Auvergne-Rhne-Alpes, France. Before commenting, please review our comment policy. See McCarthy Decl. (Am. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") A lot of things plagued Blu Homes over the years. While discussing their potential working relationship, Kaufmann allegedly falsely informed Blu Homes' management that she would not compete with the company in the preconfigured green home business. And while people invest in their personal future in a lot of ways, few investments pay off more than a healthy lifestyle promoted by a healthy home. Accordingly, Blu Homes' motion for leave to amend is GRANTED. Blu Homes' motion for leave to file a second amended complaint is GRANTED. Opp. Even when a case is brought in a proper venue, a court may nonetheless transfer the case to any other proper venue for the convenience of parties and witnesses and in the interest of justice. "The plaintiff's forum choice should rarely be disturbed . Combining the Blu brand with our original vision for Dvele as a technology platform is a powerful step forward in our quest to revolutionize this industry.". Here, the Kaufmann Defendants will be required to litigate this case in a Massachusetts court despite the fact that they and their witnesses are located in California. The lawsuit alleges the defendants intentionally intercepted, recorded and transmitted the data without the knowledge or consent of phone owners, a sweeping violation of privacy rights. The Kaufmann Defendants argue that Kaufmann did not purposefully avail herself of Massachusetts since it was Blu Homes who reached out to her and requested that she travel to Massachusetts and that if Kaufmann knew she could be sued in Massachusetts for traveling to this state on business related to Blu Homes, she would never have come to Massachusetts. Here, the Kaufmann Defendants directed regular conduct toward Massachusetts and their contacts with the state were voluntary and the result of more than a single activity or transaction. Speed of construction: Each of the houses can be built from start to finish in only a few months. Blu's homes have continued to show what kind of modern, luxury homes can be produced in a factory setting ensuring quality, timeliness, and value. Its most popular unit is the Breezehouse 2100, which starts at $625,000 and boasts over 2,100 square feet in size. Blu Homes, founded by environmental documentary filmmaker and technology savant Bill Haney, is at the forefront of the Bay Area prefab movement. "We have the utmost respect and appreciation for what Blu has contributed to our collective space. LA JOLLA, Calif., May 27, 2020 /PRNewswire/ -- Dvele, a San Diego -based housing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have . B (Consulting Agreement) at sections 7, 16). scusiamo se questo pu causarti degli inconvenienti. Please download the PDF to view it: Download PDF. Blu Homes compensated the Kaufmann Defendants through payments made through Blu Homes' Massachusetts bank account. July 13, 2011). As noted above, Kaufmann personally negotiated the Consulting Agreement on behalf of herself and Michelle Kaufmann Studio physically in Massachusetts and subsequently, while in California, continued to negotiate the contract with Blu Homes. Ticketmaster, 26 F.3d at 211. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. A local homeowners association claims dozens of homes have serious drainage defects . Si continas recibiendo este mensaje, infrmanos del problema Homeowners accuse builders of cutting corners and failing to maintain their homes. 2009) (quoting N. Laminate Sales, Inc. v. Davis, 403 F.3d 14, 25 (1st Cir. Rather, the first amended complaint demonstrates that Blu Homes' claims primarily arise out of the Consulting Agreement,9 namely Blu Homes' claims for breach of the Consulting Agreement (Am. Aydanos a proteger Glassdoor y demustranos que eres una persona real. Amendments should be liberally permitted in the absence of undue delay, bad faith or dilatory motive, futility, or undue prejudice to the opposing party. 2010), Blu Homes does not contend that the Court has general jurisdiction over the Kaufmann Defendants (Tr. Wenn UPDATED May 2, 2022: The U.S. Supreme Court announced today that it will take up a challenge from Health & Hospital Corp. of Marion County to a federal appeals court ruling that said . At a minimum, it presumably has been harmed from the alleged tortious use of their copyright and trademark rights and the Kaufmann Defendants' breach of the Consulting Agreement and Massachusetts has an interest in seeing this harm addressed and remedied here. Thus, the Kaufmann Defendants' contention that Blu Homes seeks to divest Kaufmann of insurance coverage by claiming her acts were intentional and place her at a severe financial disadvantage in this litigation is moot. B). 28 U.S.C. Compl. See F.A.I. Further, the Court finds that the convenience of witnesses does not compel a different outcome. (Am. 20). Description: Cross-Complaint; Filed By: BLU HOMES, INC.,; Comment: CROSS-COMPLAINT OF BLU HOMES, INC. Pursuant to an Asset Purchase Agreement ("APA") dated July 17, 2009, Blu Homes purchased all of the intellectual property assets of mkElements from Uecker in order to build and expand its business. Earth. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. Click on the link below to learn more about Dvele and how we are working with Blu Homes to change the future of "home. A (APA at 1)). of Puerto Rico, Inc., 156 F.3d 49, 52 (1st Cir. See Garcia v. Truck Ins. 27; McCarthy Decl. P. 45(b)(2), whereas Blu Homes may require its witnesses to travel to California because they are employees of the company, the Kaufmann Defendants have not shown that any of their potential witnesses are in fact unwilling or unable to appear in Massachusetts. Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. The decision to transfer a case pursuant to 1404(a) is a matter within the discretion of the district court. Kaufmann negotiated the Consulting Agreement in Massachusetts, she was in regular contact with Blu Homes employees in Massachusetts via email and telephone and she came to Massachusetts on Blu Homes business. para nos informar sobre o problema. 3). The Court finds no reasons for striking any portions of the McCarthy Declaration. Pesmel N. In other words, the relationship with Blu Homes was commercially advantageous to the Kaufmann Defendants just as it was for Blu Homes. Blu Homes moved for leave to file a second amended complaint. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. Private room in Grenoble. On October 27-29, 2009, Kaufmann traveled to Massachusetts to work directly with Blu Homes' design team at the company's headquarters in Waltham, Massachusetts on various products and designs. The Kaufmann Defendants' argument that venue is improper in this district due to a forum selection clause in the APA, conferring venue exclusively in the courts of California, is unavailing. As the principal of the former design firm, mkElements, Inc. ("mkElements"), Kaufmann assigned the firm's intellectual property assets to third-party Uecker and Associates, Inc. ("Uecker") as an alternative to failing to satisfy mkElements' obligations to its creditors. . 2001) (affirming denial of leave to amend because undue prejudice existed where plaintiff's attempted amendment "very late in the proceedings" meant that defendant "had a limited ability to adapt its defense" to encompass unexpected claims); Acosta-Mestre v. Hilton Int'l. We have regularly scheduled open houses to tour this home throughout the year. Although the need to defend an action in a foreign jurisdiction "is almost always inconvenient and/or costly . Indeed, the business activities of the Kaufmann Defendants here are similar to those the First Circuit recently found constituted purposeful availment in Adelson, where the Defendant, located in Israel, sought an employment contract with a company whose officers were located in Massachusetts and whose financial accounts were administered out of Massachusetts and was in regular contact with employees in Massachusetts. Blu Homes Address: 1245 Nimitz Ave Vallejo, CA 94592 Use our bidding system to request a quote Blu Homes Photos View All Photos (34) Blu Homes As designers of premium prefab homes, we believe in building with the highest quality craftsmanship and technologies, in half the time of custom homes. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . 0:00. enva un correo electrnico a 15-17). "We're excited to join with Dvele for the next evolution of Blu,'' said Blu Co-Founder Maura McCarthy. Their technology platform allows for the development of homes that are better for your overall health and well being, while also contributing to the well being of the planet. The plaintiff says he was alerted to the smartphones privacy issue through an email sent from Amazon, which referenced a potential security issue with certain Blu phone models. For more details and to speak with our firm without cost or obligation, follow the links below. We make modern premium prefab homes. 7/20/11 at 33-34). 23). Even if relatedness and purposeful availment have been shown, the Court must still determine whether the exercise of personal jurisdiction is reasonable in light of the so-called "gestalt" factors: "(1) [the Kaufmann Defendants'] burden in appearing, (2) [Massachusetts'] interest in adjudicating the dispute, (3) [Blu Homes'] interest in obtaining convenient and effective relief, (4) the judicial system's interest in obtaining the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies." Dvele's technology combined with Blu's award winning designs will deliver beautiful, intelligent and healthy environments for occupants. Listed below are the cases that are cited in this Featured Case. Founded in 2017 by pioneers of the modern modular home industry, San Diego-based Dvele has leveraged their expertise and efficient manufacturing process to create hyper-efficient, self-powered homes. The Kaufmann Defendants argue that all of their witnesses reside in California and that it would be inconvenient to require them to travel such great lengths to Massachusetts to testify. Shortly thereafter, the business relationship between Blu Homes and Kaufmann deteriorated and Kaufmann launched new projects. Any inconvenience including cost, travel and time away from tending to business matters imposed on the Kaufmann Defendants' witnesses is the same as that which would be imposed on Blu Homes' witnesses. Compl. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action lawsuits have commenced on behalf of shareholders of the following publicly-traded companies who purchased shares within the class periods listed below. The alleged misappropriation of trade secrets and copyright and trademark infringement claims also concerns a web site that is available to Massachusetts residents and allegedly is causing tortious injury to Blu Homes in Massachusetts. During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. 1992)). Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. Blu's breakthrough computer modeling, unique use of steel and wood and revolutionary folding technology makes beautifully designed homes more economical to ship and quicker to set up than other modern, green homes. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. 1:16-CV-00851 | 2016-04-14, Santa Clara County Superior Courts | Personal Injury | By teaming up with Dvele, all Blu products just became a whole lot more modern. A class action lawsuit claims Blu Products, as well as developers Shanghai Adups Technology Co., Ltd. And Adups USA LLC, installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals texts, call logs, physical locations, personal contacts and other confidential data and transmitted the information to a server in China. Compl. When an award-winning design is met with ultra-efficient capabilities something incredible happens. Bar Ass'n, 142 F.3d 26, 34 (1st Cir. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) Emergent's Baltimore plant had a history of manufacturing issues increasing the likelihood for massive contaminations; (ii) these longstanding contamination risks and quality control issues at Emergent's facility led to a string of FDA citations; (iii) the Company previously had to discard the equivalent of millions of doses of COVID-19 vaccines after workers at the Baltimore plant deviated from manufacturing standards; and (iv) as a result of the foregoing, Defendants' public statements about Emergent's ability and capacity to mass manufacture multiple COVID-19 vaccines at its Baltimore manufacturing site were materially false and/or misleading and/or lacked a reasonable basis. The APA contains a forum selection clause which states that "[t]he Superior Court of the State of California in and for the County of San Francisco and the United States District Court for the Northern District of California shall have exclusive jurisdiction over any litigation arising out of or related to this agreement. Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. 2011 WL 2698330, *3-4. Als u dit bericht blijft zien, stuur dan een e-mail Foman v. Davis, 371 U.S. 178, 182 (1962); United States ex rel. Compl. During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. They forged a path allowing Dvele's innovative home focused technologies to flourish. Kaufmann is a prominent architect and designer of preconfigured prefabricated green homes. (Kaufmann Aff. The first factor does not weigh against jurisdiction. At Dvele, we are committed to catalyzing the human transition into buildings that are significantly more sustainable. Blu Homes opened its San Francisco office only a few months ago and had no employees there prior to the commencement of this lawsuit. Fairview Mach. Sch. Corp., 243 F.3d 57, 71-72 (1st Cir. Corp, 553 F.2d 735, 737 (1st Cir. May 27, 2020, 08:00 ET. . Blu has spent over a decade revolutionizing the construction industry building beautiful prefabricated homes across the US, with their award winning Breezehouse at the forefront. (Pl. Energy savings: As modern prefab homes, they are each very environmentally friendly with significant energy savings vs. most site-built homes. Sawtelle, 70 F.3d at 1395. 93-97) and intellectual property rights that are delineated by federal and common law. Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." Listed below are those cases in which this Featured Case is cited. Having weighed the various factors, the Court is not convinced that the balance of conveniences and fairness outweighs the strong presumption in favor of plaintiff's choice of venue. Here, the Court has considered the declaration for the purposes of determining whether the Kaufmann Defendants have established minimum contacts with Massachusetts, not for deciding the merits of Blu Homes' contract claims which are not before the Court at this time. The Kaufmann Defendants have also not demonstrated they have endured any additional burden, financial or otherwise, by the litigation being maintained in Massachusetts that they would not have had to face in California. (D. 26). Style - Each of the home builders has a variety of different styles and the one that resonates with you will likely be the difference maker. pour nous faire part du problme. 20, 21; McCarthy Decl. By revolutionizing the way homes are designed, produced and experienced we are making a substantial, positive impact on our customers and the planet. F.3D 49, 52 ( 1st Cir to speak with our firm cost. To transfer the case.11 a proteger Glassdoor y demustranos que eres una persona real, 243 F.3d 57 71-72... Relationship between Blu Homes does not contend that the Court opts not to transfer the.. Further, the Court has general jurisdiction over the Kaufmann Defendants are not expressly named in the As... Not required to determine the best venue, merely a proper venue. )... 553 F.2d 735, 737 ( 1st Cir through payments made through Blu Homes for example savings. Both hoped to develop a productive long-term business relationship F.3d 26, 34 ( 1st Cir be disturbed, financing! Venue. 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